23Chief Commissioner may register a person as a reportable human source

23 Chief Commissioner may register a person as a reportable human source

(1) Subject to this section and sections 20, 24, 25, 26 and 27, the Chief Commissioner may register a person as a reportable human source if the Chief Commissioner is satisfied that—

(a) the use of the person as a human source—

(b) the risks associated with the person's registration as a human source have been identified and can be adequately managed; and

(c) the registration of the person as a reportable human source is otherwise appropriate and justified.

The Chief Commissioner must notify the Public Interest Monitor of an application to register a person as a reportable human source before making a decision on that application: see section 54.

(1A) The Chief Commissioner must not register a person as a reportable human source under this section if—

(a) the person is reasonably expected to have access to—

(i) information that is subject to client legal privilege; or

(ii) information in respect of which there is an exception to client legal privilege; and

(b) the purpose of the registration is for a police officer to obtain, or to obtain and disseminate, information that is subject to client legal privilege or information in respect of which there is an exception to client legal privilege.

(2) In determining whether to register a person as a reportable human source under subsection (1), the Chief Commissioner must have regard to the following—

(a) the seriousness of the offence and the imminence of any threat to which the person's information or assistance relates;

(b) the likelihood of investigators being able to obtain the information or assistance through other investigatory or intelligence methods;

(c) whether the person is reasonably expected to have access to privileged information or privileged information in respect of which there is an exception to the privilege and, if so, whether that information is related to the information the person is expected to provide to a police officer if registered as a reportable human source;

(d) whether the person is reasonably expected to have access to information that is subject to a legal obligation of confidentiality and, if so, whether that information is related to the information the person is expected to provide to a police officer if registered as a reportable human source;

(e) any legal advice or specialist advice regarding the registration of the person as a reportable human source (other than advice referred to in section 25);

(f) the person's age;

(g) the person's health, including the person's mental and physical health;